ISRAEL Law and Practice Contributed by: Ronit Barzik-Soffer, Luiz Blanc and Rakefet Peled, Reinhold Cohn Group
10.5 Customs Seizures of Counterfeits or Parallel Imports The Israeli legal system provides customs seizure of counterfeits infringing copyright and trade marks. The rights owner may send customs a complaint requesting that allegedly infringing goods be detained. The owner must provide primary evidence regarding the infringement, and a personal guarantee. After the detention of the goods, the rights owner needs to file a lawsuit and deposit a bond. The cus - toms authority is also authorised to undertake the sei- zure on its own initiative. Parallel imports are permitted in Israel. The losing party has the right to file the first appeal to the higher instance. Magistrate’s court decisions are appealed before a district court, and district court decisions are appealed before the Supreme Court. Additional appeals may be allowed subject to permis - sion. There is no specific rule concerning copyright or trade mark infringement in this matter. 11.2 Timeframes for Appealing Trial Court Decisions A party may appeal decisions of the registrar within 30 days of the date the decision was issued and served. Appeals from court decisions must generally be filed within 60 days of the date the decision was issued and served. It usually takes between two to three years until the appellate court issues its decision. 11. Appeal 11.1 Appellate Procedure
train AI systems without the permission of the owners of the works. The published opinion stipulates that, in general, notwithstanding exceptional cases, the use of cop - yright-protected content for the purpose of machine training will be permissible even without obtaining the approval of the rights owners, based on the “fair use” exception recognised under the Act. It should be noted that the opinion was provided only for the learning process carried out by the machine, but did not provide an answer as to the legality of the output of AI systems based on such machine learning, and it was determined that the question of whether the product constitutes a violation of the creators’ rights would be decided in accordance with the Act. 12.2 Trade Mark and Copyright Use on the Internet The unauthorised use of a registered trade mark or a confusing trade mark online, including domain names, constitutes trade mark infringement. Trade mark owners may enforce their rights against infringing domain names with the court or request the Israel Internet Association (“ISOC-IL”) to provide an expedited resolution for disputes regarding the alloca - tion of domain names under the “.IL ccTLD”. According to recent case law, the use of a third party’s trade mark in Google AdWords does not constitute trade mark infringement, but the issue has not yet been addressed by the Supreme Court. Regarding copyright infringement on the internet, the court may issue an order directed at an “access pro - vider” on the internet, instructing it to limit access to a content source, in whole or in part, if the court is convinced that the content constitutes a violation of copyright when it is made available to the public. In addition, if a person claims there has been copy - right violation through an electronic communication network, and the identity of the person who commit - ted the alleged violation is unknown, the former per - son may submit a motion to the court for the disclo - sure of the identity of the alleged infringer.
12. Additional Considerations 12.1 Emerging Issues
There have not yet been any copyright or trade mark decisions or pending litigations pertaining to artificial intelligence. However, in December 2022, the Ministry of Justice published an opinion on whether machine learning enterprises can use copyrighted material to
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